AMENDED COMPLAINT DR. LIANETTE CAMPOS-SACKLEY, ) …
Case 1:13-cv-21411-JLK Document 24 Entered on FLSD Docket 01/16/2014 Page 1 of 13
IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF FLORIDA
Miami Division
CASE NO.: 13-21411-CIV-KING
UNITED STATES EQUAL EMPLOYMENT )
OPPORTUNITY COMMISSION,
)
)
Plaintiff,
)
)
DR. LIANETTE CAMPOS-SACKLEY,
)
)
Plaintiff-Intervener,
)
)
v.
)
)
BAPTIST HEALTH SOUTH FLORIDA, INC., )
and DOCTORS HOSPITAL, INC.
)
)
Defendants.
)
__________________________________________/
AMENDED COMPLAINT JURY TRIAL DEMAND
This is an action under Title I of the Americans with Disabilities Act of 1990 ("ADA"),
42 U.S.C. ?12101, et seq., as amended by the Americans with Disabilities Act Amendments Act
of 2008 ("ADAAA"), Pub. L. No. 110?325, 122 Stat 3553 (2008) (codified as amended in
scattered sections of 42 U.S.C.), and Title I of the Civil Rights Act of 1991, 42 U.S.C. ?1981a to
correct unlawful employment practices on the basis of disability and to provide appropriate relief
to Dr. Lianette Campos-Sackley ("Dr. Campos-Sackley"), who was adversely affected by such
practices. As alleged with greater specificity below, Dr. Campos-Sackley was unlawfully
terminated by Defendant Baptist Health South Florida, Inc. and/or Defendant Doctors Hospital,
Inc. because she requested the reasonable accommodation of a schedule modification based on
her disability, epilepsy, in violation of her rights under the ADA.
JURISDICTION AND VENUE
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1. Jurisdiction of this Court is invoked pursuant to 28 U.S.C. ?? 451, 1331, 1337, 1343 and 1345. This action is authorized and instituted pursuant to Section 107(a) of the Americans with Disabilities Act of 1990 ("ADA"), 42 U.S.C. ? 12117(a), which incorporates by reference Section 706(f)(1) and (3) of Title VII of the Civil Rights Act of 1964 ("Title VII"), 42 U.S.C. ?2000e-5(f)(1) and (3) and pursuant to Section 102 of the Civil Rights Act of 1991, 42 U.S.C. ?1981a.
2. The employment practices alleged to be unlawful were committed within the jurisdiction of the United States District Court for the Southern District of Florida, Miami Division.
PARTIES 3. Plaintiff, the Equal Employment Opportunity Commission (the "Commission"), is the agency of the United States of America charged with the administration, interpretation and enforcement of Title I of the ADA and is expressly authorized to bring this action by Section 107(a) of the ADA, 42 U.S.C. ? 12117(a), which incorporates by reference Sections 706(f)(1) and (3) of Title VII, 42 U.S.C. ? 2000e-5(f)(1). 4. At all relevant times, Defendant Baptist Health South Florida, Inc. ("Baptist" or "Employer") and Defendant Doctors Hospital, Inc. ("Doctors Hospital" or "Employer"), Florida corporations, have continuously been doing business in the State of Florida and the City of Coral Gables, and have continuously had at least 15 employees. 5. At all relevant times, Defendants have continuously been employers engaged in an industry affecting commerce under Section 101(5) of the ADA, 42 U.S.C.? 12111(5), and Section 101(7) of the ADA, 42 U.S.C. ? 12111(7), which incorporates by reference Sections 701(g) and (h) of Title VII, 42 U.S.C. ?? 2000e (g) and (h).
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6. At all relevant times, Defendants have been a covered entity under Section 101(2) of the ADA, 42 U.S.C. ? 12111(2).
CONDITIONS PRECEDENT 7. More than thirty (30) days prior to the institution of this lawsuit, Dr. CamposSackley filed a charge with the Commission alleging violations of the ADA by Defendants Baptist and Doctors Hospital. 8. Prior to the institution of this lawsuit, the Commission issued a Letter of Determination finding reasonable cause to believe that Dr. Campos-Sackley was denied a reasonable accommodation and discharged by Defendant Baptist and/or Defendant Doctors Hospital because of her disability. 9. Prior to institution of this lawsuit, the Commission's representatives attempted to eliminate the unlawful employment practices alleged below and to effect voluntary compliance with the ADA through informal methods of conciliation, conference and persuasion within the meaning of Section 107(a) of the ADA, 42 U.S.C. ? 12117(a). 10. All conditions precedent to the institution of this lawsuit have been fulfilled.
STATEMENT OF FACTS 11. Defendant Baptist is a non-profit health care organization in Florida that manages several hospitals, an outpatient facility and a heart institute. 12. Defendant Baptist manages Defendant Doctors Hospital, which is one of its affiliated hospitals located in Coral Gables, Florida. 13. Defendant Baptist operates exclusively for the benefit of and to perform the functions and purposes of its affiliates, including Doctors Hospital.
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14. All of the assets and earnings of Defendant Baptist are exclusively used to carry out the functions and purposes of its affiliates, including Doctors Hospital.
15. Baptist has the right to perform and performs the following corporate functions on behalf of its affiliates, including Doctors Hospital:
a. Approval of purchase, sale, transfer, mortgage or encumbrance of real property;
b. Zoning and master facility planning and implementation of such plans; c. Providing human resource functions including, without limitation,
development and implementation of personnel policies, employee benefit plans (including, but not limited to, pension plans and retirement matters), executive compensation, and health insurance plans; d. Purchasing insurance and managing insurance matters; e. Providing risk management functions; f. Providing audit functions (including selection of accountants and auditors); review of audited financial statements and audit plans, and direct supervision of internal audit functions; g. Developing and establishing budgets; h. Managing and overseeing financial operations and policies, including, but not limited to, investment policies, indebtedness, fmancial controls, and long range financial planning; i. Developing and implementing all strategic and long range plans; j. Providing information systems and managing information and data processing functions;
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k. Public relations and marketing; l. Charity care and community service programs; m. Developing and implementing management policies and other policies; n. Providing and contracting for legal services; o. Borrowing or incurring indebtedness; p. Contracting with third party payors; and q. Implementing and operating the Corporate Compliance Program. 16. Defendant Baptist employs and appoints the Chief Executive Officer ("CEO") of Doctors Hospital and Doctors Hospital's senior financial officer, and delegates to the CEO the power to hire and fire employees, to determine compensation and benefit levels for officers and employees, to designate job tasks and responsibilities and to terminate employment. 17. Doctor's Hospital hosts the Gamma Knife Program which treats brain tumors and other neurological conditions with gamma rays without incision or physical entry into the brain on an outpatient basis. 18. Dr. Aizik Wolf was the Director of the Gamma Knife Program during the relevant time period. 19. Dr. Campos-Sackley has a physical impairment, epilepsy, which substantially limits her in the major life activity of neurological functioning. 20. As of August 2010, Dr. Campos-Sackley was a licensed doctor in the State of Utah. 21. In August 2010, Dr. Campos-Sackley met with Dr. Wolf regarding employment as a General Medicine Practitioner in the Doctor's Hospital Gamma Knife Program in Coral Gables, Florida.
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